TT&P: On the Status of the Bill of Rights in the USA

20200329

The USA is no longer a land of limited government and the rule of law, if ever it were one.

The rights of US citizens had been slowly disappearing since the founding of the nation, but an acceleration began during the Spanish American War. People in US territories who, due to US acquisition of their homeland, ought to have been afforded the rights granted by the US Constitution were denied those rights, and slaughtered.

The next step was the passage of the Federal Reserve Act. With the creation of a central bank and total abandonment of gold and silver coinage, the people of the USA were denied immediate visibility of their currency. During the World Wars made possible by the ability to print currency thanks to the Federal Reserve Act, citizens lost numerous rights.

The next major acceleration of the loss of rights in the USA was the 1971 closing of the gold window by Richard Nixon. This did damage that could never be undone. Without even the need to craft lies about the value of the currency the government could expand without limit.

During the 1980s, US citizens started to see the first outward and obvious signs of change. With the War on Drugs, police throughout the nation were given the ability to invade any property, stop any person, and grow the prison population exponentially, and without the need to even provide trial by jury for almost any inmate.

After the events of 11 September 2001, the loss of liberty in the USA accelerated still again. Groping at the airports by TSA agents. the Patriot Act, the surveillance state, and endless war all come from that one day.

Now, we have the novel corona virus, COVID-19, another acceleration. The loss liberty in the USA is now complete. The country is effectively a totalarian dictatorship. It lacks the appearance due only to the limited term length and number of the chief executive. The chief executive seems to be, however, a purely ceremonial position. No matter who is voted into that office, the agenda of the US government is unchanging.

Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

At this point, the people of the USA cannot practice their religions as they are largely prohibited from leaving home. Likewise, they cannot peaceably assemble. Of course, one could also ask the victims of Waco about the right to practice religion, were they not all dead. Regarding the freedom of speech, I would ask the al-Awlaki family were they not dead. Regarding the right to petition the government for a redress of grievances, I would ask Erwin Schiff had he not died in prison.

Amendment 2

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The state militias were completely consumed by the US Army. The right of the people to keep and bear arms has been trampled. In many locations, the owning of guns and other weaponry is completely prohibited, and in many others the right must be purchased back from a government that has stolen it. Lately, it would appear that the government wishes to restrict this nation-wide with bans on certain classes of weaponry and "mental health" screening for others. Who will determine mental fitness? The government I presume?

Amendment 3

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Well, Corona took care of this one. US National Guardsmen are being quartered in hotels, which are private property meant for the dwelling of humans... that is they are houses.

Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Warantless wiretapping, the surveillance state, civil asset forfeiture, no knock no warrant SWAT raids, random stopping by police on the road ways, road blocks, stop and frisk, the list is endless.

Amendment 5

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Rule of law or "due process" is almost completely ignored within the USA. Entrapment is rather common place. The forcing of individuals to unlock their electronic devices for police is compulsory self-incrimination.

Amendment 6

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

I again refer to the fact that most prisoners never had a trial. For those who did have a trial, the court proceedings can last years while that individual is denied liberty, and property. This stands against amendments 4, 5 and 6.

Amendment 7

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

People failing to get a criminal conviction against someone regularly claim civil suits against the same invdividual. As the Seventh Amendment was never formally incorporated in any way, the government claims this to be fine. However, this is not true of any other Amendment, which makes this claim suspect, as the government regularly claims all other Federal laws to supercede those of the States.

Amendment 8

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Excessive bail is the only kind typically required. Excessive fines? SERIOUSLY? I suppose the word "excessive" is subject to interpretation. Is it not cruel to put someone into solitary confinement? Of course, what was once unusual is now usual, so I suppose that the 8th may have been useless from the start.

Amendment 9

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

While one can still watch whatever television he/she may wish at home, largely all other rights once reserved to the people have been taken. The 9th has been completely eviscerated.

Amendment 10

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Here again we see that almost every thing the Federal government does is not delegated by the Constiution. No where does the Constitution allow for warrantless wiretapping. Nowhere does the Constitution allow for the creation of arbitrary departments who pass law and regulation. Nowhere does the Constitution allow for the creation of FBI, of CIA, of DHS. Nowhere does the Constitution allow for the creation of the Federal Reserve, of Food Stamps, of Social Security, of Medicare, of Medicaid. Yet the government does these things anyway.

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